Assumption of Risk, Waiver of Liability, and Indemnification Agreement
Nature of the Activity: Ninja Events & Services, LLC; is a recreation facility which offers clients the opportunity to participate in a number of recreational activities designed for fun and fitness. Activities include maneuvering one’s body by climbing, jumping, swinging, hanging, balancing, and other tasks designed to increase the strength, endurance, general fitness, and confidence of the participant. Ninja Events & Services, LLC, activities include running up the warped wall, rock climbing, swinging rope, cargo net, ring slider, double steps, quintuple steps, jumping spider, balance beams, and many more. In addition to the client participating in Ninja Events & Services, LLC everyday activities, other activities available at Ninja Events & Services, LLC include parties, classes, competitions, camps, and special events.
While there are many benefits associated with these activities, Ninja Events & Services, LLC feels it is important that adult participants and the parent/legal guardian of minor participants (collectively “PARTICIPANT/PARENT”) knows that Ninja Events & Services, LLC activities, like all physical activities, involve some risks of injury that are inherent to the activity. Some of the inherent risks of the Ninja Events & Services, LLC activities include, but are not limited to falls (even on padded surfaces), collisions with other participants or with stationary objects, landing wrong on leaps or jumps, landing on another participant, over-exertion, attempting actions or maneuvers that are beyond a participant’s capacity, landing on a hard surface, slips and falls within the activity area or in other parts of the facility, unexpected failure of the equipment, and shifts in padding. Other inherent risks include erratic or careless behavior of the participant, erratic or careless behavior of other participants, supervisory or judgment error by Ninja Events & Services, LLC staff (e.g., misjudging the capacity of the participant and/or the failure to spot a hazard).
Further, Ninja Events & Services, LLC feels that it is important that the PARTICIPANT/PARENT understands the three types of injuries that can occur at when participating at all related Ninja Events & Services, LLC services. First is the common Minor Injury. This type includes, but is not limited to, muscle strains and sprains, bruises, abrasions, blisters, rope burns, and contusions. The second type of injury is the Serious Injury. Examples of serious injuries include, but are not limited to, severe sprains, broken bones, ligament and joint injuries, concussions, and eye injury. These are rare, but may occasionally occur. The third type of injury is the Catastrophic Injury. Some examples of catastrophic injury include, but are not limited to, brain injury, paralysis, heart attack, and death.
Assumption of Risks:
I, the PARTICIPANT/PARENT, have read the above paragraphs and know that Ninja Events & Services, LLC services and activities contain inherent risks which vary with the activity. I understand the demands of those activities relative to my physical condition and skill level, and/or that of my minor child, and appreciate the types of injuries that may occur as a result of Ninja Events & Services, LLC activities. I hereby assert that my participation and/or the
participation of my minor child, is voluntary and that I knowingly assume all risks of that participation.
Waiver of Liability:
In consideration of permission to use the Ninja Events & Services, LLC facilities and services, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, my heirs, my parents or guardians, personal representatives, and assigns [hereafter referred to as “Releasing Parties”] do hereby release,
waive, discharge, and covenant not to sue Ninja Events & Services, LLC, its owners, directors, officers, affiliates, employees, volunteers, independent contractors, equipment providers, agents, and facility owners [hereafter referred to as “Protected Parties”] from any and all claims and/or causes of action arising from or in any way related to my participation or the participation of my minor child in activities at the Ninja Events & Services, LLC facilities.
This agreement applies to: (1) any and all claims for personal injury or death arising from or in any way related to participation in Ninja Events & Services, LLC activities and/or use of the Ninja Events & Services, LLC facilities or equipment; and (2) any and all claims resulting from the damage to, loss of, or theft of property.
I, the PARTICIPANT/PARENT, also agree to hold harmless, defend, and indemnify Ninja Events & Services, LLC and Protected Parties (that is, defend and pay any judgments and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims and/or causes of action of Releasing Parties or others acting on my behalf, arising from my participation or the participation of my minor child in activities at Ninja Events & Services, LLC facilities. I further agree to hold harmless, defend, and indemnify Ninja Events & Services, LLC and Protected Parties against any and all claims of co-participants, rescuers, and others arising from my participation or the participation of my minor child in activities at the Ninja Events & Services, LLC facilities.
1) I, the PARTICIPANT/PARENT, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and Ninja Events & Services, LLC and this agreement cannot be modified or changed in any way by oral representations or statements by any agent or employee of Ninja Events & Services, LLC.
2) I further expressly agree that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Michigan if any portion of this agreement is held invalid, the remainder shall remain in full legal force and effect.
Mandatory Binding Arbitration
Any claim or cause of action arising from or related to the PARTICIPANT/PARENT’s use of the Ninja Events & Services, LLC facilities, or presence at the facilities, including but not limited to claims for personal injury or death, shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect, and any award entered shall be enforceable by a court of competent jurisdiction. The arbitration hearing shall take place in Kent County, Michigan, and all applicable laws of the State of Michigan shall apply. PARTICIPANT/PARENT understands this provision constitutes a waiver of a right to trial by jury.
Exclusive Choice of Forum
Each party irrevocable and unconditionally agrees that it will not bring any legal action by or on behalf of PARTICIPANT/PARENT to challenge the validly, applicability or interpretation of this agreement in any forum other than the courts of the State of Michigan sitting in Kent Count and any applicable Michigan appellate court. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of those courts and agrees to bring any such action, litigation, or proceeding only in those courts.
In order for Ninja Events & Services, LLC to more effectively provide for the safety, PARTICIPANT/PARENT must:
Rules and Actions
• Agree to obey all safety rules and alert the staff to any rules violations or dangerous behavior of co- participants. • Agree to stay in areas to which I am assigned and not enter areas that will place me in undue danger. • Acknowledge that it is the participant’s duty to inform staff and cease exercise immediately if he/she feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation. • Agree to attempt only activities that I feel I am capable of performing safely.
Health and Safety
• Acknowledge that one should get medical clearance prior to participation in a vigorous physical activity. • Possess a sufficient level of skill and physical fitness for safe participation in Ninja Events & Services, LLC activities. • Have no health problems that would make participation in Ninja Events & Services, LLC activities unwise. • Authorize Ninja Events & Services, LLC to administer emergency first aid and/or CPR when deemed necessary by Ninja Events & Services, LLC.
• Authorize Ninja Events & Services, LLC to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by Ninja Events & Services, LLC and I agree to assume all costs of emergency medical care and transportation. Photo/Video Release
• Authorize Ninja Events & Services, LLC to use participation photo/video of participant in print/electronic marketing, advertising, and web content.
Acknowledgment of Understanding: I, the PARTICIPANT/PARENT, have read this Agreement and understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury or loss. I, the PARTICIPANT/PARENT, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability of the Protected Parties, to the greatest extent allowed by law of the State of Michigan.
Additionally, I, the Parent/Guardian of a minor participant, assert that I have explained the risks of Ninja Events & Services, LLC activities and Ninja Events & Services, LLC safety rules to my minor son or daughter and that he or she understands the risks and agrees to follow the rules.